Legal Opinion

DeLeon v. Scully

District Court, S.D. New York

Decided December 2, 1987No. 86 Civ. 6341 (PKL)PublishedCited by 1 opinion

1Opinion of the Court

*134ORDER

LEISURE, District Judge:

Pursuant to 28 U.S.C. § 2253 and Fed.R. App.P. 22(b), petitioner has applied for a certificate of probable cause to appeal this Court’s Order denying his petition for a writ of habeas corpus. The petitioner claims that his constitutional protection against double jeopardy was violated by a state trial court. He further contends that in his state criminal trial, his guilt was not proven beyond a reasonable doubt, and that the prosecution improperly impeached its own witness after the witness supported petitioner’s justification defense. Finally, petitioner claims…

2Cases cited17 opinions

Rose v. LundySupreme Court of the United States · 1982
Picard v. ConnorSupreme Court of the United States · 1971
Barefoot v. EstelleSupreme Court of the United States · 1983
Brown v. AllenSupreme Court of the United States · 1953
William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982

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3Cited by1 opinion

Ayala v. HernandezDistrict Court, E.D. New York · 1989